Disposed

Shibu Paul v. State of Kerala

Kerala HC21 Dec 2016WP(C)/40928/2016

Case brief

AI extract

What is this about?

The Court directed the District Collector to consider the petitioner's land regularization application only after receiving a report from the Agricultural Officer regarding the land's nature and a satellite map from KSRSEC, within two months.

What did the court decide?

The petitioner was directed to obtain a report from KSRSEC and produce it to the Agricultural Officer, who must submit a report to the District Collector for the application to be considered within tw

Shibu Paul Vs State of Kerala — Land Acquisition | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

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WEDNESDAY, THE 21ST DAY OF DECEMBER 2016/30TH AGRAHAYANA, 1938

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WP(C).No. 40928 of 2016 (M)

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PETITIONER(S):

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SHIBU PAUL, AGED 42 YEARS, S/O. PAULOSE, PUTHUSSERY HOUSE ANGAMALY PO, ERNAKULAM - 683 572

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BY ADVS.SRI.AVANEESH KOYIKKARA SRI.LINDONS C.DAVIS

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RESPONDENT(S):

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1. STATE OF KERALA REPRESENTED BY ITS SECRETARY DEPARTMENT OF AGRICULTURE SECRETARIAT, THIRUVANANTHAPURAM - 695 001

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2. THE DISTRICT COLLECTOR ERNAKULAM - 682 030

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3. AGRICULTURAL OFFICER & CONVENOR LOCAL LEVEL MONITORING COMMITTEE ANGAMALY, ERNAKULAM DISTRICT - 683 577

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R BY GOVERNMENT PLEADER SRI. SURIN GEORGE IPE (SR.)

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-12-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 40928 of 2016 (M)

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APPENDIX

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PETITIONERS EXHIBITS:

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EXT.P1 COPY OF ORDER DTD. 5.10.15 OF CONVENOR, LLMC, ANGAMALY BY RECLASSIFYING THE PETITIONERS LAND AS CONVERTED LAND

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EXT.P2 COPY OF APPLICATION AS PER KLU ORDER DTD. 4.12.14 SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR, ERNAKULAM

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EXT.P3 COPY OF THE JUDGMENT DTD. 21.12.15 IN WP(C) NO.38225/15

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EXT.P4 COPY OF APPLICATION AS PER KLU ORDER DTD. 11.11.16 SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR, ERNAKULAM.

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RESPONDENTS EXHIBITS: NIL

// TRUE COPY //

P.A TO JUDGE

K. VINOD CHANDRAN, J.

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===================== W.P.(C) No.40928 of 2016- M

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======================

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Dated this the 21^st day of December, 2016

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J U D G M E N T

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The petitioner is aggrieved with the fact that the land purchased by the petitioner, having an extent of 31.46 ares comprised in Block No.11 in Re-Sy.Nos.638/1, 638/2, 638,1-2 of Angamaly Village in Ernakulam District, is shown as 'paddy land' in the village records and the Basic Tax Register. The said property of the petitioner was included in the draft data bank prepared under Section 28 of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 (for brevity 'the Paddy Land Act'). In the Data Bank also the property of the petitioner is shown as 'paddy land'. The petitioner contends that the said land is originally a 'dry land' and is not fit for paddy cultivation. The land was surrounded

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W.P.(C) No.40928 of 2016- M

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by residential plots and roads.

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Therefore the petitioner filed an application before the LLMC for correction of data bank. Since the application was not considered, the petitioner filed W.P.(C) No.9611 of 2015 and obtained judgment dated 25.03.2016, directing the 3^rd respondent to consider the said application. Based on which, the Local Level Monitoring Committee has considered the application and corrected the data bank by reclassifying the petitioner's property as 'converted land' by Ext.P1.

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Then the petitioner approached the 2^nd

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respondent with Ext.P2 application dated 04.12.2014 for permission to utilise the property for his residential purpose and for developments. Pending consideration of the said application the petitioner again approached this Court and obtained Ext.P3 dated 21.12.2015 and directed the District Collector for regularisation as per Section 3A of the Paddy

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W.P.(C) No.40928 of 2016- M

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Land Act. Subsequently, the Government has decided to amend the provisions of Section 3A and hence the Government omitted Section 3A from the Paddy Land Act.

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The petitioner then filed Ext.P4 application, before the 2^nd respondent, which is pending consideration. The prayer of the petitioner is to direct the District Collector, the 2^nd respondent herein, to consider and dispose of Ext.P4, within a reasonable time.

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The land though included in the draft data bank, the description is shown as 'converted land' in which there are various types of buildings. It is only proper that a report is received from the Agricultural Officer before consideration of Ext.P4 application filed under Clause 6 of the K.L.U. Order by the 2^nd respondent.

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The petitioner shall produce a copy of the writ petition before the Agricultural Officer along with the copy of

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W.P.(C) No.40928 of 2016- M

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the Field Measurement Book and Survey and Sub-division numbers with respect to the property obtained from the concerned Village Officer. The Agricultural Officer shall then seek a report of the lie and nature of the property as it remained on the date of coming into force of the Paddy Land Act from the Director, Kerala State Remote Sensing and Environment Center (KSRSEC), Vikas Bhavan, C-Block, Thiruvananthapuram, Kerala 695 033. On the direction of the Agricultural Officer so to do, the petitioner shall remit the required fees in the name of the petitioner, C/o. the concerned Agricultural Officer (showing the full address) before the KSRSEC for obtaining such report and produce such receipt before the Agricultural Officer. The Agricultural Officer shall then obtain the report and map from the KSRSEC, who shall issue the same on the strength of the receipt produced by the Agricultural Officer. The Agricultural Officer, on receipt of the report, shall conduct physical inspection of the property and submit a report before the 2^nd respondent as

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W.P.(C) No.40928 of 2016- M

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to the lie and nature of the property, as it exists at present, along with the report from the KSRSEC.

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The report of the Agricultural Officer, along with the satellite map and report forwarded by the K.S.R.S.E.C shall be forwarded to the 2^nd respondent and the 2^nd respondent shall then issue notice to the petitioner and consider the application, within a period of two months from the date of receipt of the report of the Agricultural Officer.

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The writ petition is disposed of.

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Sd/- K. VINOD CHANDRAN, JUDGE

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SB/21/12//2016

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// true copy //

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P.A to Judge

Shibu Paul v. State of Kerala

Case brief

What is this about?

What did the court decide?

Shibu Paul v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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